Who decides on petitions and requests related to design patent applications?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Petitions and requests related to design patent applications are primarily decided by the Director of Technology Center 2900 at the USPTO. This authority is specifically outlined in MPEP § 1002.02(c)(3):

“In addition to the items delegated to all Technology Center Directors under MPEP § 1002.02(c), authority to decide the following requests filed in design applications is delegated to the Director of Technology Center 2900: Requests for expedited examination of design applications under 37 CFR 1.155, MPEP § 1504.30.”

This means that:

  • The Director of TC 2900 has specific authority over design patent applications
  • They can decide on requests for expedited examination of design applications
  • This authority is in addition to the general authorities given to all Technology Center Directors

Understanding this decision-making structure is important for applicants and attorneys when filing petitions or requests related to design patent applications, as it clarifies who will be reviewing and deciding on these matters.

Tags: design patents, patent petitions, technology center 2900, USPTO procedures